Commentary
And when the rulings of the waiting periods were completed, and what follows them regarding the rights of men in it is mostly, he followed them with the rulings of the friends. And when the speech had become lengthy regarding the rulings of divorce and death, and he did not mention the dowry, and he had concluded those rulings with the attributes of forgiveness and forbearance, and the dowry was known to them before Islam, this necessitated the question: Is a dowry required for separation, or is it one of those matters that falls under forgiveness and forbearance, thus it is not required? It was said: 'There is no blame upon you' meaning there is no obligation of a dowry or anything else except what comes from enjoyment. The origin of blame is the inclination from the weight. 'If you divorce the women' meaning if one of you divorces what he possesses of them. 'As long as you have not touched them' meaning you have not had sexual relations with them. From touching and from contact in the other reading, which is the meeting of the two bodies without a barrier between them - this was said by al-Harali. 'Or you impose upon them a duty' meaning you specify for them a known dowry. That is, there is no blame upon you as long as neither of the two matters has occurred, meaning the duration of its cessation, and one cannot negate the ambiguous except by the negation of both matters together. If they are negated, then the blame is negated, and if they exist or one of them exists, then if the touching exists, the specified or the dowry of the like is obligatory. And if the duty exists, half of it is obligatory if it is free from touching. Al-Harali said: In its informing, the validity of the marriage contract is established with the neglect of mentioning the dowry, not with its invalidation. Thus, in it is the validity of the marriage of delegation and the marriage of postponement for the mention of the dowry. It has become clear that the dowry is not a pillar in it and that its invalidation is a barrier to its consummation. Therefore, it has three conditions of lifting the blame from the negligent who has not touched in it as if he were deserving of a duty, so the blame was lifted from him in that he is upon the entirety of the dowry, and upon the one imposing it is half of the dowry. Thus, the blame of the duty was lifted, and the place of the duty was compensated with enjoyment. For this reason, a group of scholars mandated enjoyment - this has ended. And when the estimation is: 'And divorce them if you intend to, and take care of them regarding what I have made obligatory upon you and upon them,' he added to it his saying: 'And provide for them' meaning compensation for what has occurred of the breaking due to divorce according to the condition of the divorced. The divorced woman without touching or obligation is entitled to enjoyment by consensus - this was transmitted by al-Usbahani. And 'upon the one who has abundance' among them, meaning the one who has in his condition abundance. Al-Harali said: It is from the abundance, which is the capacity in the abundance that is more than sufficiency. 'Its measure' from the measure, which is the limited extent in something, whether in a physical or a meaningful sense. 'And upon the one who is restricted' meaning the one who has in his condition constriction.
Al-Harali said: It is from the act of being stingy, which is the deficiency of the sufficient amount. The saying "his measure" means what he is capable of and can bear. The reading with the opening of the dal is like the reading with its being silent, for they are both dialects. Or that the opening indicates a favor by bearing something beyond the capacity. "A provision" means enjoyment. "In a good manner" is that which has no objection in the Shari'ah. "A right upon the doers of good" means those for whom doing good has become a necessary description. Doing good is the highest rank of religion, as Al-Harali said: It is an apparent Islam established by a hidden faith completed by a witnessing goodness. The discussion on this system is an incitement and provocation, not a constraint. Rather, it is a goodness because the essence of the intention in it, as Al-Harali said, is what pleases the soul of the woman, and her inner self and the inner self of her family remain safe or in affection. "Perhaps Allah will bring about after that a matter" [At-Talaq: 1]. There is no doubt that this is goodness.
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